The judgment of the court below is reversed.

Defendant

Imprisonment with prison labor for A and fines of 1,10,000,000 won, and Defendant B.

1. Summary of grounds for appeal;

A. Defendant A [related to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement)] 12,500,000 won (misunderstanding of facts or misapprehension of legal principles) is acknowledged to have withdrawn directly from the account that the Defendant used for D Co., Ltd. (hereinafter “D”) for the purpose of D, among the money withdrawn from the said account (including the pertinent account under D, but not in D’s name, hereinafter “D’s account”) (hereinafter “D’s account”), the amount of KRW 50,00 won deposited in cash on August 7, 2007; ② KRW 10,000 won deposited in checks on October 24, 207; ③ KRW 11,80,000 paid in cash on October 26, 2007; KRW 300,000,000 paid in cash on April 28, 2008; and ④ KRW 300,000,000 paid in cash on May 28, 2008,2008.

Therefore, the lower court found the Defendant guilty of the relevant part of the facts charged by misapprehending the legal doctrine.

2) The lower court recognized that the Defendant embezzled most of the amount of money in the first and second instances of crime Nos. 1 and 2, which the Defendant withdrawn from the D’s account.

Although the defendant has withdrawn from D's account and used money for other purposes, he did not undergo a contract or an official accounting process.

However, in light of the deposit details, the defendant or family member uses personal money for the defendant or family member.

This is due to the fact that D is a family company and there is no early experience in the business.

Therefore, it is recognized that the defendant or his family has used the personal money for D among the money recognized as having been withdrawn from D's account and used for other purposes.